Guidelines and rulings on Hajj al-badal (proxy Hajj)

Question

In our country there are some Hajj companies that offer Hajj al-badal (proxy Hajj, i.e., Hajj on behalf of another), i.e., we give them money – to cover the expenses of Hajj – and some seekers of knowledge will do Hajj on our behalf. Is that permissible?

Answer

Praise be to Allah.

Many people
have a careless attitude concerning Hajj al-badal. There are guidelines,
conditions and rulings on Hajj al-badal. We will mention whatever we can of
them, in the hope that Allah will cause people to benefit thereby.

1.

Hajj al-badal
is not valid in the case of the obligatory Hajj on behalf of one who is able
to perform Hajj himself.

Ibn Qudaamah
(may Allah have mercy on him) said:

It is not
permissible for one who is able to perform Hajj himself to appoint someone
else to perform the obligatory Hajj on his behalf, according to scholarly
consensus. Ibn al-Mundhir said: The scholars are unanimously agreed that if
a person is required to perform the obligatory Hajj and he is able to
perform Hajj, it is not acceptable for someone else to perform Hajj on his
behalf. End quote.

Al-Mughni,
3/185

2.

Hajj al-badal
may be performed on behalf of a sick person who has no hope of recovery, or
one who is physically incapable, or one who has passed away, but not on
behalf of one who is poor or one who is unable to do it because of political
or security circumstances.

An-Nawawi (may
Allah have mercy on him) said:

The majority
(of scholars) are of the view that it is permissible to appoint a proxy for
Hajj on behalf of the deceased and one who is incapable and has no hope of
recovery. Al-Qaadi ‘Iyaad gave the reason why the Maaliki madhhab differed
from the majority concerning this matter, which was that they thought that
the hadeeth about fasting on behalf of the deceased and doing Hajj on behalf
of the deceased was not sound. But this is not correct and the hadeeth is
sound. It is sufficient evidence of its soundness to note that Muslim quoted
it in his Saheeh.

Sharh
an-Nawawi ‘ala Muslim,
8/27

The hadeeth to
which an-Nawawi (may Allah have mercy on him) referred and noted that some
of the Maalikis regarded it as unsound is as follows:

It was
narrated from ‘Abdullah ibn Buraydah that his father (may Allah be pleased
with him) said: Whilst I was sitting with the Messenger of Allah (blessings
and peace of Allah be upon him), a woman came to him and said: I gave a
slave woman in charity to my mother, then she died. He said: “Your reward is
assured, and she (the slave woman) has been returned to you as an
inheritance.” She said: O Messenger of Allah, she owed one month’s fasting,
should I fast on her behalf? He said: “Fast on her behalf.” She said: She
never went for Hajj, should I perform Hajj on her behalf? He said: “Perform
Hajj on her behalf.”

Narrated by
Muslim, 1149

Al-Haafiz Ibn
Hajar (may Allah have mercy on him) said:

Those who
regard it as permissible to appoint a proxy for Hajj were unanimously agreed
that it is not acceptable for the obligatory Hajj except when it is done on
behalf of one who has passed away or who is paralysed. That does not include
the one who is sick, because there is the hope that he may recover; or the
one who is insane, because there is the hope that he may come back to his
senses; or the one who is imprisoned, because there is the hope that he may
be released; or for the one who is poor, because there is the hope that he
may become independent of means.

End quote from
Fath al-Baari, 4/70

The scholars
of the Standing Committee were asked:

Is it
permissible for a Muslim who has performed the obligatory Hajj to perform
Hajj on behalf of one of his relatives in China, because he is not able to
travel in order to perform the obligatory Hajj?

They replied:

It is
permissible for the Muslim who has performed the obligatory Hajj on his own
behalf to perform Hajj on behalf of someone else, if the other person is not
able to perform Hajj himself because he is elderly, or sick with an illness
from which there is no hope of recovery, or because he has died, because of
the saheeh hadeeths that speak of that. But if the person on whose behalf he
wants to perform Hajj is not able to perform Hajj because of some temporary
reason which it is hoped will pass, such as illness from which there is the
hope that he will recover, or because of the political situation, or if the
route is not safe and so on, then it is not acceptable to perform Hajj on
his behalf. End quote.

Proxy Hajj
(Hajj al-badal) cannot be done on behalf of one who is financially incapable
(and cannot afford to go for Hajj), because the obligation of Hajj is waived
for the one who is poor. Rather proxy Hajj is done for the one who is
physically incapable.

The scholars
of the Standing Committee were asked:

Is it
permissible for someone to do ‘Umrah or Hajj on behalf of his relative who
lives far away from Makkah and does not have the means of travelling there,
even though he is (physically) able to do tawaaf (circumambulation of the
Ka‘bah)?

They replied:

Your relative
is not obliged to perform Hajj so long as he is not able to afford it. It is
not valid to perform either Hajj or ‘umrah on his behalf, because he would
be physically able to do both if he was present himself in the holy places.
It is only valid to do them by proxy on behalf of one who has died or one
who is physically unable to do that himself. End quote.

It is not
permissible for anyone to perform Hajj on behalf of another unless he has
already performed Hajj for himself. If he does do that, then his Hajj counts
for him and not for the other person.

The scholars
of the Standing Committee said:

It is not
permissible for a person to perform Hajj on behalf of another person before
he performs Hajj for himself. The basic principle concerning that is the
report narrated by Ibn ‘Abbaas (may Allah be pleased with him), according to
which the Prophet (blessings and peace of Allah be upon him) heard a man
saying, Labbayk ‘an Shubrumah (Here I am (O Allah, for Hajj) on behalf of
Shubrumah). He said: “Have you performed Hajj on your own behalf?” He said:
No. He said: “Perform Hajj on your own behalf, then on behalf of Shubrumah.”
End quote.

Shaykh ‘Abd
al-‘Azeez ibn Baaz, Shaykh ‘Abdullah ibn Ghadyaan

Fataawa
al-Lajnah ad-Daa’imah,
11/50

5.

It is
permissible for a woman to perform Hajj on behalf of a man, and for a man to
perform Hajj on behalf of a woman.

The scholars
of the Standing Committee said:

Performing
Hajj on behalf of another person is permissible, if the proxy has already
performed Hajj for himself. The same applies to paying a woman to perform
Hajj on behalf of your mother, because it is permissible for a woman to
perform Hajj on behalf of a woman or a man. There is proven evidence from
the Messenger of Allah (blessings and peace of Allah be upon him) concerning
that. End quote.

Fataawa
al-Lajnah ad-Daa’imah,
11/52

6.

It is not
permissible for anyone to perform Hajj on behalf of two or more people in
one Hajj, but it is permissible to do ‘Umrah for himself – or on behalf of
someone else – and to do Hajj on behalf of a different person.

The scholars
of the Standing Committee said:

It is
permissible to perform Hajj on behalf of one who has passed away and on
behalf of one who is still alive but is unable to perform Hajj. But it is
not permissible for a person to perform Hajj once and make it on behalf of
two people. Hajj can only be done on behalf of one person, and the same
applies to ‘Umrah. But if someone does Hajj on behalf of one person and he
does ‘Umrah on behalf of another person in the same year, that is acceptable
so long as the pilgrim has already performed Hajj and ‘Umrah on his own
behalf. End quote.

It is not
permissible for anyone to have the aim of earning money by performing Hajj
on behalf of another; rather his aim should be Hajj and reaching those holy
places, and doing an act of kindness towards his brother by performing Hajj
on his behalf.

Performing
Hajj on behalf of another person is something that is mentioned in the
Sunnah. A woman asked the Messenger (blessings and peace of Allah be upon
him): The command from Allah to His slaves to perform Hajj has come when my
father is an old man and cannot sit firmly in the saddle; can I perform Hajj
on his behalf? He said: “Yes.” In the case of performing Hajj on behalf of
another in return for payment, if one’s aim is the payment, Shaykh al-Islam
[Ibn Taymiyah] (may Allah have mercy on him) said: The one who performs Hajj
in order earn a living will have no share in the Hereafter; as for the one
who takes payment in order to perform Hajj, there is nothing wrong with
that. But the one who takes payment in order to perform Hajj on behalf of
another should have the intention of using the money he takes to help him to
perform Hajj, and he should also have the intention of meeting his
companion’s need, because the one who has asked him to do it on his behalf
is in need and is happy to find someone who can do it in his stead. So he
should have the intention of doing an act of kindness towards him in
performing Hajj on his behalf. Then his intention will be good. End quote.

Liqaa’aat
al-Baab al-Maftooh,
89, question 6

And he (may
Allah have mercy on him) said:

It is
unfortunate that many of those who perform Hajj on behalf of others only do
so in order to earn money. But this is haraam for them, because it is not
permissible to do acts of worship with the intention of worldly gain. Allah,
may He be exalted, says (interpretation of the new):

“Whosoever
desires the life of the world and its glitter; to them We shall pay in full
(the wages of) their deeds therein, and they will have no diminution
therein.

They are
those for whom there is nothing in the Hereafter but Fire; and vain are the
deeds they did therein. And of no effect is that which they used to do”

[Hood
11:15-16]

“But of
mankind there are some who say: ‘Our Lord! Give us (Your Bounties) in this
world!’ and for such there will be no portion in the Hereafter”

[al-Baqarah
2:200].

Allah does not
accept any act of worship that is not done for His sake, and the Messenger
of Allah (blessings and peace of Allah be upon him) forbade earning money in
places of worship. He (blessings and peace of Allah be upon him) said: “If
you see anyone buying or selling in the mosque, then say: May Allah not make
your trade profitable.” If this has to do with the one who makes place of
worship into a place for earning wealth, and he is to be prayed against,
asking that Allah not make his trade profitable, then how about those who
make the act of worship itself a means of worldly gain, as if Hajj were a
commodity or a profession like that of a builder? You find the one who is
asked to perform proxy Hajj asking for more and bargaining, saying: This is
too little; this is not enough; give me more, for So and so gave me such and
such, or So and so offered me such and such, and other such words that turn
acts of worship into a profession. Hence the Hanbali fuqaha’ (may Allah have
mercy on them) clearly stated that hiring a man to perform Hajj on behalf of
someone else is not valid. Shaykh al-Islam Ibn Taymiyah said: The one who
performs Hajj in order to earn money has no share in the Hereafter. But if
he takes on the task of performing it on behalf of another for a religious
purpose, such as if he intends to benefit his brother by performing Hajj on
his behalf, or if he intends to do more acts of worship, du‘aa’ and dhikr in
the holy places, then there is nothing wrong with that and it is a sound
intention.

Those who take
on the task of performing Hajj on behalf of others should make their
intention purely for the sake of Allah, may He be exalted, and their
intention should be to fulfil their desire to worship around the House of
Allah, remembering Him and calling upon Him, as well as fulfilling their
brothers’ needs by performing Hajj on their behalf. They should keep away
from worldly intentions of earning money. If they have no intention in their
hearts other than earning money, then in that case it is not permissible to
take on the task of performing Hajj on behalf of others. If a person takes
on the task of performing Hajj on behalf of another with the proper
intention, then the money that he receives is all his, unless it was
stipulated that he should return anything that is left over. End quote.

Ad-Diya’
al-Laami‘ min al-Khutab al-Jawaami‘,
2/477, 478

8.

If a Muslim
dies without having performed the obligatory Hajj, and he met all the
conditions of it being obligatory, then it is obligatory to perform Hajj on
his behalf from the wealth that he left behind, whether he left instructions
to that effect or not.

The scholars
of the Standing Committee said:

If a Muslim
dies without having performed the obligatory Hajj, and he met all the
conditions of it being obligatory, then it is obligatory to perform Hajj on
his behalf from the wealth that he left behind, whether he left instructions
to that effect or not. If someone who has already performed Hajj for himself
performs Hajj on his behalf (i.e., on behalf of the deceased), then his Hajj
on his behalf is valid and is acceptable in fulfilment of the obligation.
End quote.

Will the one
who performs Hajj on behalf of someone else have the reward of Hajj in full
and will he go back (free of sin) as on the day his mother bore him?

The scholars
of the Standing Committee said:

With regard to
evaluating the Hajj that a man performs on behalf of someone else, and
whether it is like the Hajj he does for himself, or is lesser or greater in
virtue, that is known only to Allah, may He be glorified. End quote.

If a person
performs Hajj or ‘Umrah on behalf of another, with or without payment, the
reward for Hajj or ‘Umrah will go to the one on whose behalf he did it, but
there is the hope that he will also have a great reward, commensurate with
his sincerity and his desire to do good. For everyone who reaches al-Masjid
al-Haraam and does a great deal of different types of supererogatory acts of
worship there, there is the hope that he will attain a great deal of good if
his actions are sincerely for the sake of Allah. End quote.

Fataawa
al-Lajn ah ad-Daa’imah,
11/77, 78

Imam Ibn Hazm
(may Allah have mercy on him) said:

It was
narrated from Dawood that he said: I said to Sa‘eed ibn al-Musayyab: O Abu
Muhammad, for which of them is the reward, for the one who performs Hajj or
the one on whose behalf it is performed? Sa‘eed said: Allah’s bountry, may
He be exalted, encompasses both of them.

Ibn Hazm said:
Sa‘eed (may Allah have mercy on him) spoke the truth.

Al-Muhalla,
7/61

Whatever the
proxy does of good deeds other than the rituals of Hajj, such as praying in
the Haram, reading Qur’an, and so on, the reward for that will go to him and
not to the one who appointed him as his proxy.

The reward for
actions connected to Hajj will go in its entirety to the one who appointed
him as his proxy; with regard to the extra reward for prayers and tawaaf
that he does voluntarily outside of the rituals of Hajj, and reading Qur’an,
(that reward) will go to the one who performs Hajj, not the one who
appointed him as his proxy. End quote.

Ad-Diya’
al-Laami‘ min al-Khutab al-Jawaami‘,
2/476

10.

The best is
for a son to perform Hajj on behalf of his father, and for a relative to
perform Hajj on behalf of his relative, but if he hires a stranger to do it,
that is permissible.

My mother died
when I was young, and she hired a trustworthy person to perform Hajj on her
behalf. My father has also died, and I heard from some of my relatives that
he performed Hajj.

Is it
permissible to hire someone to perform Hajj on behalf of my mother, or must
I perform Hajj on her behalf myself? Also, should I perform Hajj on behalf
of my father when I heard that he had performed Hajj?

He replied:

If you perform
Hajj on their behalf yourself, and strive hard to complete Hajj in the
manner prescribed in Islam, that is preferable. But if you hire a person who
is religiously committed and trustworthy to perform Hajj on their behalf,
there is nothing wrong with that.

The best is
for you to perform Hajj and ‘Umrah on their behalf. You may also hire
someone to perform Hajj and ‘Umrah on their behalf. This is part of your
honouring them and treating them kindly. May Allah accept (good deeds) from
us and from you. End quote.

Fataawa
ash-Shaykh Ibn Baaz,
16/408

11.

It is not
stipulated that the one who performs Hajj on a person’s behalf should know
his name; rather it is sufficient for him to have the intention to perform
Hajj on his behalf.

The scholars
of the Standing Committee were asked:

I have
approximately four relatives who have died among my paternal uncles and
aunts and grandparents, both men and women. But I do not know the names of
some of them. I want to send people to perform Hajj on behalf of each of
them at my own expense.

They
replied:

If the matter
is as described, with regard to those whose names you know, both men and
women, there is no problem. With regard to those whose names you do not
know, it is sufficient for you to intend it to be on behalf of both men and
women among your paternal and maternal uncles and aunts, according their
ages and descriptions, And it is sufficient to have the intention to do
that, even if you do not know their names. End quote.

Fataawa
al-Lajnah ad-Daa’imah,
11/172

12.

It is not
permissible for the one who has been appointed to perform Hajj on behalf of
someone else to appoint someone else to do it except with the consent of the
one who originally appointed him.

It is not
permissible for the one who has taken on the task of performing Hajj on
behalf of another to appoint someone else to do that, whether for a small or
large payment, except with the consent of the one who gave task to him. End
quote.

Ad-Diyaa’
al-Laami‘ min al-Khutab al-Jawaami‘,
2/478

13.

Is it
permissible to appoint a proxy for a supererogatory Hajj (Hajj naafil)?

There is a
difference of scholarly opinion concerning this matter. Shaykh Ibn
‘Uthaymeen (may Allah have mercy on him) favoured the view that it is not
permissible to appoint a proxy except for the obligatory Hajj.

The Shaykh
(may Allah have mercy on him) said:

If a man has
already performed the obligatory Hajj and wants to appoint someone to
perform a naafil Hajj or ‘Umrah on his behalf, there is a difference of
opinion concerning that among the scholars. Some of them said that it is
permissible and some of them said that it is not allowed. What is more
likely to be correct in my view is that it is not allowed, and that it is
not permissible for anyone to appoint someone to perform Hajj or ‘Umrah on
his behalf if that is naafil, because the basic principle concerning acts of
worship is that they should be done by the individual himself. Just as no
one should appoint another person to fast on his behalf – even though if he
died and still owed obligatory fasts, his heir should fast them on his
behalf – the same applies to Hajj; Hajj is an act of worship that a person
should do himself and it is not an act of charity for the benefit of someone
else. If an act of worship is a physical action that the person should do
himself, it is not valid for someone else to do it on his behalf except in
cases mentioned in the Sunnah, and there is no report in the Sunnah about
anyone performing a naafil Hajj on behalf of someone else. This is one of
the two opinions narrated from Ahmad, i.e., that it is not valid for a
person to appoint someone else to perform a naafil Hajj or ‘umrah on his
behalf, whether he is able to do that or not.

By expressing
this opinion, we want to encourage those who are well of and physically able
to perform Hajj themselves, because some people let years go by without
going to Makkah, relying on the idea of sending someone to perform Hajj on
their behalf every year, so they miss out on doing Hajj on the grounds that
they are appointing others to perform Hajj on their behalf. End quote.

14.

One should
seek out good, sincere and trustworthy people who have knowledge of the
rituals of Hajj to perform proxy Hajj (Hajj al-badal).

The scholars
of the Standing Committee said:

The one who
wants to appoint someone to perform Hajj on his behalf should seek out one
who is religiously committed and trustworthy, so that he may be confident
that he will do what is required. End quote.